HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

February 10, 2003   Hearing Room E

8:30 A.M.  Tapes 25 - 27

 

MEMBERS PRESENT:            Rep. Betsy Close, Chair

Rep. Derrick Kitts, Vice-chair

Rep. Diane Rosenbaum, Vice-chair

Rep. Mary Gallegos

Rep. Bill Garrard

Rep. Jeff Merkley

Rep. Mike Schaufler

 

STAFF PRESENT:                  Megan Palau, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2385 – Public Hearing

                                                HB 2429 – Public Hearing and Work Session

                                                HB 2383 – Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 25, A

002

Chair Close

Opens committee meeting 8:33 a.m. Opens public hearing on HB 2385.

HB 2385 – PUBLIC HEARING

005

Megan Palau

Reads HB 2385 summary.

014

Rep. Mitch Greenlick

District 33. Testifies in favor of HB 2385. Defers to Douglas Hendrickson.

016

Douglas Hendrickson

Washington County. Testifies in favor of HB 2385 and indicates the word change in the bill would require hobbyists to obtain dealer certificates (EXHIBIT A).

046

Monty King

Oregon Independent Auto Dealers Association. Testifies in favor of HB 2385 and explains persons buying and selling vehicles for profit should be a licensed dealer (EXHIBITS B, C, D).

123

Rep. Merkley

Asks for wording clarification.

129

King

Answers.

142

Jack Kinney

Oregon Council Vehicle Association. Testifies in favor of and defines hobbyist.

190

Chair Close

Asks about how many cars has he sold in the last year.

191

Kinney

Answers.

193

Dick Larrowe

Oregon Council Vehicle Association. Testifies in favor of HB 2385 and states he would work with car dealers to come to a agreed conclusion.

200

Rep. Kitts

Asks if profits are made.

211

Kinney

Answers.

243

Rep. Schaufler

Comments that hobbyists may work for an agreed amendment.

246

Kinney

Acknowledges it is possible.

283

Rep. Kitts

Asks for definition of a dealer.

287

King

Comments on consumer complaints and outlines details of undefined limits to hobbyist.

293

Rep. Kitts

Asks for definition of hobbyist exemption.

295

King

Outlines the proof needed to deny one is a dealer.

367

Lyle Stephenson

Linn County. Testifies in opposition of HB 2385.

TAPE 26, A

005

Stephenson

Continues.

053

Gale Meier

Cruisers of Oregon. Testifies in opposition of HB 2385.

093

Chair Close

Notes the value of hobbyists.

097

Rep. Schaufler

Asks if there is opposition for changing the amendment to satisfy dealers and hobbyists.

120

Meier

Answer negatively.

126

Kelly Taylor

Oregon Department of Transportation. Explains disclosure statement.

169

Chair Close

Asks for her understanding of hobbyist requirements.

148

Taylor

Describes the limits on buying and selling cars.

173

Paul Cosgrove

Oregon Financial Services/Alliance of Automobile Manufacturer. Testifies in opposition to HB 2385.

213

Rep. Rosenbaum

Asks about credit unions selling vehicles.

214

Cosgrove

Answers it would be prohibited under this amendment.

245

Eugene Ebersole

Oregon Department of Justice. Testifies in opposition to HB 2385 as he has not had time to thoroughly examine the amendment. Submits photograph copies (EXHIBIT E).

310

Chair Close

Asks for definition of a curb stoner.

284

Ebersole

Describes.

325

Rep. Garrard

Asks for clarification of the previous law against curb stoners.

326

Ebersole

Comments on process of identifying these criminals.

360

King

Notes bill has been ineffective.

382

Chair Close

Closes public hearing on HB 2385. Opens public hearing on HB 2429.

TAPE 25, B

HB 2429 – PUBLIC HEARING

001

Rep. Schaufler

Comments on how current situation is unfair to honest dealers.

053

Rep. Billy Dalto

House District 21. Describes unfair practices.

095

Rep. Kitts

Asks for definition of a dealer.

101

Rep. Dalto

Outlines the need to ask reasons cars are being sold.

132

Rep. Kitts

Asks for clarification.

139

Rep. Dalto

Answers that consistent sales define a dealer.

152

Ebersol

Explains that all cars need to be registered to owners.

193

Rep. Kitts

Asks if the definition is using cars for personal use.

181

King

Responds affirmatively.

193

Chair Close

Asks for clarification on impact

194

Ebersol

Explains Racketeer Influenced and Corrupt Organizations Act (RICO) Bill, HB 2104.

233

Rep. Close

Asks for copy of bill.

235

Rep. Merkley

Comments the relating clause can not be amended.

257

King

Acknowledges.

262

Ebersol

Notes cars are being sold with out a dealer’s license.

273

King

Urges passage of the HB 2429.

310

Rep. Rosenbaum

Asks if the state will utilize this law.

320

Ebersol

Comments there are a lot of repeat offenders.

343

Chair Close

Closes public hearing HB 2429. Opens work session on HB 2429.

TAPE 26, B

HB 2429 - WORK SESSION

001

Rep. Rosenbaum

MOTION:  Moves HB 2429 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

REP. SCHAUFLER will lead discussion on the floor.

003

Chair Close

Closes work session on HB 2429 and opens public hearing on

HB 2383.

HB 2383 - PUBLIC HEARING

005

Al Elkins

Oregon Tow Truck Association. Testifies in support of HB 2383 Discusses process of vehicle towing and costs.

159

Rep. Garrard

Asks if a company can deny picking up a vehicle.

165

Elkins

Answers.

179

Mike Wagner

Oregon Tow Truck Association. Testifies in support of HB 2383. Describes how some vehicles go to the wrecking yards.

192

Rep. Gallegos

Asks value of license plates on these cars.

193

Elkins

Explains.

206

Mike Pura

Oregon Lien Service. Testifies in support of HB 2383 and notes that the plates have to match vehicle.

218

Chair Close

Asks if the insurance coverage has value.

219

Elkins

Defers.

232

Rep. Schaufler

Asks how many towed vehicles are sold.

233

Wagner

Answers approximately 98%.

263

Rep. Schaufler

Asks how many vehicles are being sold at auctions.

264

Elkins

Responds he can not answer.

281

Rep. Garrard

Asks if towing companies are in the business of selling vehicles.

282

Elkins

Answers he has questioned towing company owners.

311

Rep. Gallegos

Asks about towing fees.

320

Wagner

Answers.

343

King

Comments on consumer protection.

TAPE 27, A

002

King

Continues.

064

Rep. Gallegos

Asks for clarification on who is responsible for fees.

068

King

Discusses timelines of abandoned cars.

086

Rep. Gallegos

Asks for clarification on the form 6890.

088

King

Clarifies the 6890 process.

102

Ebersole

Comments on lien law process and auction advertising.

160

Rep. Gallegos

Asks about the sale of cars before lien process.

162

Ebersole

Discusses the preference of auto auctions.

203

Rep. Merkley

Asks about provisions for lot sales.

207

Ebersole

Defers to Department of Motor Vehicles.

208

Chair Close

Closes public hearing on HB 2383. Adjourns committee meeting at 10:41 a.m.

 

EXHIBIT SUMMARY

 

A – HB 2385, written testimony, Douglas Hendrickson, 2 pp

B – HB 2385, written testimony, Monty King , 3 pp

C – HB 2429, written testimony, Monty King, 1 p

D – HB 2383, written Testimony, Monty King, 4 pp

E – HB 2385, photos, Eugene Ebersole, 6 pp